MCU17/0524 – Development Application For Material Change Of Use For Entertainment And Dining Business Type 2 - Recreation, Amusement & Fitness (Gym) At Unit 2/37 Gateway Drive, Noosaville

MCU17/0524 – Development application for material change of use for entertainment and dining business type 2 – recreation, amusement & fitness (gym) at unit 2/37 gateway drive, noosaville

Document information

Author	Assistant Development Planner, Billy Glover
Environment and Sustainable Development Department

Index	ECM/ Subject/ MCU17/0524

Attachments	Nil

APPLICATION DETAILS
Applicant	Noosa Strength Centre C/- RG Strategic
Proposal	Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym)
Properly Made Date	29 November 2017
Information Request Date	22 December 2017
Information Response Date	19 March 2018
Decision Due Date	27 June 2018
Number of Submissions	Nil

PROPERTY DETAILS
Property Address	2/37 Gateway Drive, Noosaville
RP Description	Lot 2 SP 177640
Land Area	2,175 m²
Existing Use of Land	Service Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Overlays	Biodiversity (Environmental Protection) Natural Hazard (Acid Sulfate Soils)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Assistant Development Planner to the Planning & Environment Committee Meeting dated 10 July 2018 regarding Application No. MCU17/0524 for a Development Permit for Material Change of Use - Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym) situated at 2/37 Gateway Drive, Noosaville and:
Approve the application in accordance with the following conditions:
PLANNING
When Conditions must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A.01	1	Site Plan, drawn by Zest Building Design	30/08/2017
A.02	1	Proposed Floor Plan, drawn by Zest Building Design	30/08/2017
Operating Hours and Class Times
The approved use must not operate outside the hours of 5:00am to 8:30pm Monday to Friday and 6:00am to 9:00am Saturday.
Group classes between the hours 7am – 4pm Monday to Friday must have a minimum 15 minute break between the conclusion of a class and the beginning of the next.
Maximum Clients and Staff
The maximum number of clients per class must not exceed 6.
The total number of employees on the site at any one time must not exceed 1.
Carparking
A minimum of 2 carparking spaces are to be provided and maintained for the use on the site for the life of the development.
Noise
Noise nuisance beyond the boundary of the site shall not exceed the levels specified in Table 1.
Table 1
NOISE LIMITS AT A RESIDENTIAL RECEPTOR
PERIOD	Noise level at a residential place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level plus 5 dB(A)
6pm – 10pm	Background noise level plus 5 dB(A)
10pm – 7am	Inaudible
NOISE LEVELS AT COMMERCIAL PLACE
PERIOD	Noise level at a commercial place measured as the adjusted maximum sound pressure level (Lamax, adj,T)
7am – 6pm	Background noise level plus 10 dB(A)
6pm – 10pm	Background noise level plus10 dB(A)
10pm – 7am	Background noise level plus 8 dB(A)
Amenity
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the area by reason of the creation of excessive noise, lighting nuisance or other emissions.
Advertising Signage
Any advertising sign or device must comply with Council’s policies on advertising.
Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
Some sport and recreational uses are accepted in the Industry Zone given the potential impacts of sport and recreation uses; and
The gym is of similar size and scale to other approved Entertainment & Dining Business’s (Type 2) within the Noosaville Industrial area.
Advise the applicant that a Development Permit for Building Works is required for the existing mezzanine floor within the subject tenancy.
Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks retrospective approval for an Entertainment & Dining Business Type 2 Recreation, Amusement & Fitness (Gym) located in an existing Service Shop tenancy in the Industry Zone of the Noosaville Locality. The proposal also seeks approval for a mezzanine floor established within the subject tenancy without prior Council development approval.
The application was lodged following a complaint with regard to the establishment of the non-approved use.
The applicant submits that:
The proposed use is not one of a traditional gymnasium model but operates more as a personal training studio with no more than 6 clients in attendance at any one time. Class size range from one on one personal training, to a maximum of a 6-person group fitness class.
There are no facilities such as in other more traditional gyms for members to access 24 hours and undertake a workout utilising equipment and machines by themselves. All classes and training have a personal trainer in attendance and must be booked in advance. This ensures no perceived impacts on adjoining tenancies.
The applicant proposes the following operating hours:
Group Class – Maximum of 6 participants:
Monday to Friday 5:00am to 9:30am and 5:00pm to 8:30pm; and
Saturday 6:00am to 9:00am
One on One personal training
Monday to Friday 9:30am – 5:00pm
The Service Shop tenancy comprises a ground floor of 87.6m² and a mezzanine of 18m², with a total use area of 105.6m². The mezzanine floor has been constructed without approval.

Locality and proposal plans are included below.

Figure 1 – Locality Plan

Figure 2 – Floor Plan

Figure 3 – Existing Tenancy

site details
Background
The existing development was approved for Service Industry and Service Shops by Council on 16 January 2003 (22850 DA). The subject tenancy was approved as an 87.6m² Service Shop. The development containing the subject shop was approved having 20 carparks on the site.
Site Description
The subject site is known as 2/37 Gateway Drive, Noosaville and described as Lot 2 SP177640. The site is located in the Industry Zone of the Noosaville Locality.
The relatively flat site contains an approved Service Industry and Service Shops development comprising 6 units. The applicant submits that the 6 units on site are currently occupied by a plumbing business, agricultural stock supplies store and a manufacturing business. Two units are currently vacant.
Surrounding Land Uses
Gateway Drive is a main vehicular access way within the Noosaville Industrial Estate. The subject site is surrounded by industrial uses to the east, and to the west the site directly adjoins open space land and residential dwellings as little as 40 metres away.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy 2017 (SPP) and the SPP raises no further issues relevant to the proposal.
South East Queensland (SEQ) Regional Plan
The subject industrial site is identified as being within the Urban Footprint in the Regional Plan.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
The subject site is located in the Industry Zone of the Noosaville Locality. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Overall Outcome vv) ii of the Noosaville Locality Code seeks to protect the Noosaville industrial estate for industrial functions to the exclusion of incompatible uses, including residential, community and commercial uses, and most sport and recreation uses. The proposed use and nature of the use requires significant floor space and suitable separation from noise sensitive land uses. The proposed use is considered suitable in the industrial area and generally compatible with the range of uses found in Gateway Drive.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	2,175m²	
Use area Tenancy original floor area Mezzanine	Not applicable	105.6m² 87.6m² 18m²	
Carparking	6 spaces	2 spaces	X
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	3 bicycle spaces Not required	2 bicycle spaces Not required	X
Vehicle Parking
Based on the carparking requirements of the scheme at the time, the approved Service Shop would have been provided with carparking at the following rate:
1 space per 30m² or part thereof of total use area.
As per the original approved plans the 87.6m2 tenancy would have been provided with the availability of 2.92 carparking spaces based on this rate.
The Driveways and Carparking Code requires carparking for the proposed Entertainment and Dining Business Type 2 use at the following rate:
1 space per 20m2, or part thereof, of use area;
OR
1 space per 3 persons capable of being entertained at any one time, whichever is the greater.
Based on the total tenancy use area of 105.6m2 (including mezzanine), 6 spaces would be required for the proposed use. This rate is considered excessive considering the applicant proposes to operate one class at a time of a maximum of 6 clients, mostly outside of industry trading hours, and one on one training between the hours of 9:30am – 5:00pm Monday to Friday. Based on the rate of 1 space per 3 persons capable of being entertained at any one time the existing 2 spaces will provide sufficient carparking availability for the maximum number of clients of the proposed gym. Furthermore, the overall shared parking apron (20 spaces) will provide suitable carparking availability for the proposed gym and existing tenancies of the site. It is noted that some gym members are also expected to walk or cycle to the gym.
The shared carparking arrangement of the 6 unit industrial development provides sufficient carparking for the users of the proposed business, providing class numbers are limited to no more than 6 clients and 1 trainer.
Residential Amenity
Due to the proximity of the site to nearby residential land uses and nature of the proposed gym, potential noise impacts on the amenity enjoyed by residents of the nearby Bushlands residential estate was investigated (figure 4).

Figure 4 – Proximity to nearby residential dwellings
The proposed gym use has been operating at the subject site for over a year and during this time Council has not received any complaints with regard to noise.
In accordance with the proposed operating hours, Council officers conducted a site visit at the nearby Bushlands residential area and adjoining Open Space Conservation land to the west of the site. No noise was audible during the site visit.
Given the proposed class size of 6 clients and the nature of the proposed gym model, it is unlikely the use will detrimentally affect the amenity enjoyed by nearby residents.
Mezzanine Floor
The existing mezzanine floor was established onsite without the necessary development approval. The 18m² mezzanine floor provides storage for and is ancillary to the proposed use, and is unlikely to generate further carparking demand. Providing the existing mezzanine floor is not expanded and remains generally in accordance with the submitted plans, it is recommended for approval. The applicant has been advised that a Development Permit for Building Works is required for the mezzanine floor and a condition is recommended to appropriately address this.
cONSULTATION
Referral Agencies
Not applicable.
Other Referrals
Nil.
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The nature and function of the proposed business use is suitable for the subject site and location. Whilst Entertainment and Dining Business Type 2 Recreation, Amusement & Fitness is an inconsistent use in the Industry Zone, the Noosa Plan does recognise that some entertainment uses will locate in the industrial area. The use has been operating on the subject site without approval for over a year and no complaints have been made to Council regarding impacts on the amenity of surrounding spaces.
The proposed business use is therefore recommended for approval.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		X	Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 JULY 2018

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PROPOSED FLOOR PLAN

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